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K 300.3 A615 2008/09 c.1 KANSAS·OKLAHOMA ARKANSAS RIVER COMMISSION FORTY-SECOND ANNUAL REPORT I I I I ; " -~-'-"- I ----- MISSOURI \ \ ARKANSAS \ FISCAL 2009 July 1, 2008 to June 30, 2009 KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION FORTY-SECOND ANNUAL REPORT FISCAL 2009 JULY 1, 2008 to JUNE 30, 2009 THE COMMISSION WILLIAM FRANKLIN Federal Commissioner EARNIE GILDER Alternate Federal Commissioner DAVID W. BARFIELD, PEGGY J. BLACKMAN, KENT orr Commissioners for Kansas DUANE SMITH, J. ROSS KIRTLEY, BRYCE BENSON Commissioners for Oklahoma ii TABLE OF CONTENTS Page Address to the President and State Governors 1 Members of the Commission 1 Officers of the Commission 1 Standing Committees 2 Meetings 2 Fiscal Accounting 2 Cooperative Studies of Water Supplies : 4 Findings of Fact by the Commission 4 New Conservation Storage Capacity 4 Table of Appendices 6 Appendix A - Auditor's Report 7 Appendix B - Table of Storage Capacity Constructed July 1, 2008 to June-30, 2009 14 Appendix C - Table of Storage Capacity Constructed July 1,1963 to June 30,2009 15 Appendix 0 - Summary of Apportionment of New Conservation Storage Capacity on June 30, 2009 17 Appendix E - Summary of Replacement Storage Capacity on June 30, 2009 19 Appendix F - Stream Flow and Water Quality near State Line Reaches 21 Appendix G - Arkansas River Basin Compact, Kansas - Oklahoma, 1965 26 Appendix H - Rules and Regulations and Mode of Procedure as last amended on July 28, 1999 34 iii KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION FORTY~ECONDANNUALREPORT FISCAL2009 JULY 1,2008 To JUNE 30,2009 TO: THE PRESIDENT OF THE UNITED STATES AND THE GOVERNORS OF THE STATES OF KANSAS AND OKLAHOMA Sirs: Pursuant to Article XI-B( 4) of the Arkansas River Basin Compact, the Kansas- Oklahoma Arkansas River Commission submits its report for the Fiscal Year July 1,2008 through June 30, 2009 , as follows: 1. Members of the Commission (Article X - A, B, C) a. Federal Commissioners: William Franklin Earnie Gilder (Alternate) b. Kansas Commissioners: David W. Barfield, Topeka, Kansas (term expires - continuous, but coincides to duties ofthe State official who administers water law) Peggy J. Blackman, Marion, Kansas (term expires -----) Kent Ott, Mulvane, Kansas (term expires December 31,2006) c. Oklahoma Commissioners: Duane A. Smith, Oklahoma City, Oklahoma (term expires - continuous, but coincides to duties ofthe State official who administers water law) J. Ross Kirtley, Oklahoma City, Oklahoma (term expires - April 20, 2008) Bryce Benson, Alva, Oklahoma (term expires - April 20, 2011) 2. Officers ofthe Commission: a. Chairman: William Franklin b. Alternate Chairman: Earnie Gilder c. Secretary - Treasurer: Harold l. Springer 1 3. Standing Committees: a. Engineering Committee: Julie Cunningham, Oklahoma, Chairman Robert F. Lytle, Jr., Kansas, Member b. Legal Committee: Jerry Barnett, Oklahoma, Chairman Burke Griggs, Kansas, Member c. Budget and Finance Committee: Julie Cunningham, Oklahoma, Chairman Robert F. Lytle, Jr., Kansas, Member (1) Balance on hand July 1,2008 $ 7,339.85 d. Publicity and Arrangements Committee: Robert Portiss 4. Meetings: 5. July 21,2009 fiscal Accounting: Muskogee, Oklahoma Annual Meeting a. Kansas - Oklahoma Arkansas River Commission Fund (2) Receipts: (a)August27,2008 (c) Setember 30,2008 Total receipts Kansas Oklahoma $2,900.00 2,900.00 $ 5,800.00 (3) Total funds available: $13,139.85 (4) Disbursements by Commission - July 1,2008 to June 30,2009: No. Date Payee and Purpose Amount 1184 07/23/08 Mi Tierra -Meeting Room 100.00 1185 07/23/08 Harold L. Springer, P.E. Office expenses, suppliesApr -Jun 2008 900.00 08/10108 Bank Charges (Audit Form) 25.00 1186 10/14/08 Harold L. Springer, P.E. Office expenses, supplies Jul-Sep 2008 900.00 2 1187 10/14/08 1188 12/30108 Greg C. Huseth -Annual Audit Harold L. Springer, PE. Office expenses, supplies Oct -Dec 2008 Harold L. Springer, P E. Office expenses, supplies Jan -Mar 2009 Copeland Insurance -Bond 450.00 900.00 1189 04/03/09 1190 04/07/09 900.00 100.00 Total Expenses 4,275.00 Summary (5) Balance on hand July 1, 2008 Receipts Total funds available Disbursements Balance on hand June 30, 2009 $7,339.85 5.800.00 $13,139.85 4.275.00 $8,864.85 b. At the Annual Meeting held on July 23,2009 the Commission adopted the budget for the 2010 Fiscal Year, July 1,2009 to June 30, 2010: Office expenses, rent and travel Printing reports Annual audit Treasurer's bond Annual meeting Total $ 3,600.00 500.00 550.00 200.00 450.00 $ 5,300.00 $ 5,300.00 1.500.00 $6,800.00 -1.000.00 $ 5,800.00 Budget for 2010 Fiscal Year Contingency fund Total funds needed for 2009 Fiscal Year Estimated carryover on June 30, 2009 Actual funds needed for 201 0 Fiscal Year In accordance with Article X - E of the Compact, the amount of such budget shall be borne equally by the States of Kansas and Oklahoma in the amount of$ 2,900.00 from each State. c. Pursuant to provisions of the Compact (Article X - E) and of the Rules and Regulations and Mode of Procedure of the Commission (Article VII - 5) the receipts and disbursements ofthe Commission have been audited for the period July 1, 2008 through June 30, 2009. The report of such audit is hereto attached as AppendixA. 6. Cooperative Studies of Water Supplies Conforming with instructions ofthe Commission, the Engineering Committee 3 conducted studies of existing stream flow and water-quality data that are being obtained by Federal and State agencies on streams in the Arkansas River basin, that will be useful to the Commission in executing its responsibilities. The Committee submitted specific recommendations which were approved by the Commission. Accordingly, charts and tables showing the annual runoff and pertinent water-quality data collected at U. S. Geological Survey and Kansas Department of Health and Environment gaging stations near the state line on the mainstem of the Arkansas River and its principal tributaries are published as Appendix F ofthis report. 7. Finding of Fact by the Commission The Commission had no occasion, during the period covered by this report, to make any Finding of Fact (under the provisions of the Arkansas River Basin Compact). 8. New Conservation Storage Capacity Pursuant to provisions ofthe Compact (Articles 1/- G, V, and VI), there is listed below all new Conservation Storage Capacity that has been constructed in the States of Kansas and Oklahoma within the Arkansas River Basin as defined by Article 1/- 0 of the Compact, during the period July 1, 2008 through June 30,2009. NEW CONSERVATION STORAGE VERDIGRIS RIVER BASIN Kansas Oklahoma None None RIVER BASIN GRAND-NEOSHO RIVER BASIN Kansas Oklahoma (Acre-feet) None None MAIN STEM ARKANSAS RIVER BASIN Kansas Oklahoma None None SALT FORK RIVER BASIN Kansas Oklahoma None None CIMARRON RIVER BASIN Kansas Oklahoma None None All storage capacity constructed in the Compact area during the period July 1, 2008 to June 30, 2009 is shown in Appendix B. 4 Respectfully submitted, WILLIAM FRANKLIN Federal Commissioner EARNIE GILDER Alternate Federal Commissioner DAVIDW. BARFIELD, PEGGY J. BLACKMAN, KENTOTT Commissioners for Kansas DUANE A. SMITH, J. ROSS KIRTLEY, BRYCE BENSON Commissioners for Oklahoma 5 TABLE OF APPENDICES Appendix A - Auditor's Report 7 Appendix B - Table of Storage Capacity Constructed July 1,2008 to June 30,2009 14 Appendix C - Table of Storage Capacity Constructed July 1, 1963 to June 30, 2009 15 Appendix D - Summary of Apportionment of New Conservation Storage Capacity on June 30, 2009 17 Appendix E - Summary of Replacement Storage Capacity on June 30,2009 19 Appendix F - Streamflow and Water Quality near State Line Reaches 21 Figure 1. Map showing location of gaging stations to obtain quality and flow data for annual report. Figure 2. Average Annual Discharge for Neosho River near Commerce, OK Figure 3. Average Annual Discharge for Verdigris River at Independence, KS Figure 4. Average Annual Discharge for Caney River at Ramona, OK Figure 5. Average Annual Discharge for Arkansas River at Arkansas City, KS Figure 6. Average Annual Discharge for Chikaskia River near Blackwell, OK Figure 7. Average Annual Discharge for Salt Fork Arkansas River at Tonkawa, OK Figure 8. Average Annual Discharge for Cimarron River near Waynoka,OK Table 1. Observed Water Quality Data near State Line Reaches Appendix G - Arkansas River Basin Compact, Kansas-Oklahoma, 1965 26 Appendix H - Rules and Regulations and Mode of Procedure as last amended on July 28, 1999 34 6 KANSAS - OKLAHOMA ARKANSAS RIVER COMMISSION Audit 2009 a~Q;III Accounting, Consulting & Tax 7 KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION FINANCIAL STATEMENTS For the Years Ending June 30, 2009 and 2008 TABLE OF CONTENTS Independent Auditor 's Report Statements of Assets, Liabilities &Net Assets Statement of Changes in Net Assets Statements of Cash Flows Notes to the Financial Statements 8 1 2 3 4 5 a~tn;III ACCOUNTING, CONSULTING & TAX 785-272-9500 785-478-1331 (fax) 6021 SW 29th Ste A # 313 Topeka, Kansas 66614 INDEPENDENT AUDITOR'S REPORT To the Commissioners of Kansas-Oklahoma Arkansas River Commission I have audited the accompanying statements of assets, liabilities, and net assets-cash basis, of the Kansas- Oklahoma Arkansas River Commission (a non-profit organization) as of June 30, 2009 and the related statements of support, revenue and expenses-cash basis, and cash flows for the year then ended. These financial statements are the responsibility of the organization's management. My responsibility is to express an opinion on these financial statements based on my audits. I have accepted the prior year's Independent Auditor's Report submitted by Greg C. Huseth, CPA P.A. on September 25,2008 for prior year comparative information. I conducted my audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. I believe that my audit provides a reasonable basis for my opinion. As described in Note 1, these financial statements were prepared on the cash basis of accounting, which is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the financial statements referred to above presented fairly, in all material respects, the assets, liabilities, and net-as sets-cash basis, of the Kansas-Oklahoma Arkansas River Commission as of June 30, 2009 and 2008, and its support, revenue and expenses for the years then ended, on the basis of accounting as de;; inNoteLC' " (/I~ ./..~t-y~{~ Chearie Donaldson, CPA d/b/a ACT III Accounting, Consulting & Tax December 10, 2009 9 8,865 7,340 KANSAS-OKLAHOMA ARKANSAS RIVER COMMMISSION STATEMENTS OF ASSETS, LIABILITIES, AND NET ASSETS - CASH BASIS June 30, 2009 and 2008 ASSETS Cash Total Assets 2009 2008 8,865 7,340 LIABILITIES Net Assets Total Liabilities & Net Assets 8,865 7,340 8,865 7,340 The accompanying notes are an integral part of these financial statements -2- 10 KANSAS-OKLAHOMA ARKANSAS RIVER COMMMISSION STATEMENTS OF SUPPORT, REVENUE AND EXPENSES - CASH BASIS Years Ended June 30, 2009 and 2008 2009 2008 SUPPORT AND REVENUE Kansas Department of Agriculture 2,900 2,850 Oklahoma Water Resources Board 2,900 2,850 Total Support and Revenue 5,800 5,700 EXPENSES Office Expenses 3,600 2,700 Meeting 100 0 Bank Charges 25 25 Audit 450 425 Insurance 100 Total Expenses 4,275 3,150 Revenues Over (Under) Expenses 1,525 2,550 Beginning Net Assets 7,340 4,790 Ending Net Assets 8,865 7,340 The accompanying notse are an integral part of these financial statements -3- 11 KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION STATEMENTS OF CASH FLOWS - CASH BASIS Years Ended June 30, 2009 and 2008 2009 2008 CASH FLOW FROM OPERATING ACTIVITIES Cash received from Kansas and Oklahoma 5,800 5,700 Interest income received 0 0 Cash paid to vendors (4,275) (3,150) Net Cash Provided by operating activities 1,525 2,550 CASH FLOW FROM INVESTING ACTIVITIES 0 0 CASH FLOW FROM FINANCING ACTIVITIES 0 0 NET INCREASE (DECREASE) IN CASH 1,525 2,550 BEGINNING CASH 7,340 4,790 ENDING CASH 8,865 7,340 The acomopanying notes are an integral part of these financial statements -4- 12 KANSAS-OKLAHOMA ARKANSAS RIVERCOMMISSION NOTESTO FINANCIAL STATEMENTS June 30, 2009 and 2008 Note 1-Summary of significant accounting policies This summary of significant accounting policies of the Kansas-Oklahoma Arkansas River Commission (the Organization) is presented to assist in understanding the Organization's financial statements. The financial statements and notes are representations of the Organization's management, who is responsible for their integrity and objectivity. These accounting policies conform to the cash basis of accounting, which is a comprehensive basis of accounting other than generally accepted accounting principles, applied in the preparation of the financial statements. Nature of Operations - The Organization is an interstate administrative agency organized under the Arkansas River Basin Compact. Its primary purpose is to administer the water apportionment agreed to in the Compact. Basis of accounting - The Organization's policy is to prepare its financial statements on the cash basis. Under this basis, revenues are recognized when collected rather than when earned. Likewise, expenditures are recognized when paid rather than when incurred. If an expenditure results in an asset having an estimated useful life which extends substantially beyond the year of acquisition, the expenditure is capitalized and depreciated over the estimated useful life of the asset. The Commission currently has no fixed assets. Cash and Cash equivalents - For purposes of the statement of cash flows, the Organization considers all investment instruments purchased with a maturity of three months or less to be cash equivalents. The Organization maintains its cash in bank accounts of local financial institutions. At June 30, 2009 and 2008, the Organization's cash balance was not in excess of the insured limits. 13 APPENDIX B TABLE OF STORAGE CAPACITY Constructed July 1, 2008 to June 30,2009 Storage in acre-feet GRAND-NEOSHO RIVER BASIN IN KANSAS None GRAND-NEOSHO RIVER BASIN IN OKLAHOMA None VERDIGRIS RIVER BASIN IN KANSAS None VERDIGRIS RIVER BASIN IN OKLAHOMA None CIMARRON RIVER BASIN IN KANSAS None MAIN STEM ARKANSAS RIVER BASIN IN KANSAS None MAIN STEM ARKANSAS RIVER BASIN IN OKLAHOMA None SALT FORK RIVER BASIN IN KANSAS None SALT FORK RIVER BASIN IN OKLAHOMA None 14 CIMARRON RIVER BASIN IN OKLAHOMA None APPENDIX C TABLE OF STORAGE CAPACITY Constructed July 1,1963 to June 30,2009 ARKANSAS RIVER BASIN IN KANSAS Storage in acre-feet Conser- Flood Subbasin Inactive vation Control Total Grand-Neosho River July 1,1963 to June 30,2008 52,025 136,856 40,298 229,179 July 1, 2008 to June 30, 2009 0 0 0 0 Totals 52,025 136,856 40,298 229,179 Verdigris River July 1, 1963 to June 30, 2008 51,696 62,964 219,282 333,942 July 1, 2008 to June 30, 2009 0 0 ~ __ 0 Totals 51,696 62,964 219,282 333,942 Main Stem Arkansas River July 1, 1963 to June 30, 2008 46,477 159,073 174,924 380,474 July 1, 2008 to June 30, 2009 0 0 0 0 Totals 46,477 159,073 174,924 380,474 Salt Fork River July 1, 1963 to June 30, 2008 3,508 5,300 12,813 21,621 July 1, 2008 to June 30, 2009 0 0 0 0 Totals 3,508 5,300 12,813 21,621 Cimarron River July 1, 1963 to June 30, 2008 3,379 0 2,598 5,977 July 1, 2008 to June 30, 2009 0 0 __ 0 0 Totals 3,379 0 2,598 5,977 15 APPENDIX C (Continued) TABLE OF STORAGE CAPACITY Constructed July 1, 1963 to June 30,2009 ARKANSAS RIVER BASIN IN OKLAHOMA Storage in acre-feet Conser- Flood Subbasin Inactive vation Control Total Grand-Neosho River July 1, 1963 to June 30, 2007 5,435 0 2,662 8,097 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 5,435 0 2,662 8,097 Verdigris River July 1, 1963 to June 30, 2007 310,0671 978,016 597,479 1,885,562 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 310,067 978,016 597,479 1,885,562 Main Stem Arkansas River July 1, 1963 to June 30, 2007 245,932 157,588 153,881 557,671 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 245,932 157,588 153,881 557,671 Salt Fork River July 1, 1963 to June 30, 2007 47,424 1,267 5,018 53,706 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 47,424 1,267 5,018 53,706 Cimarron River July 1, 1963 to June 30, 2007 20,164 14,057 49,157 83,378 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 20,164 14,057 49,157 83,378 1 Includes 168,000 acre-feet in Oologah Reservoir for navigation excluded as conservation storage by Compact 16 APPENDIX D SUMMARY OF APPORTIONMENT OF NEW CONSERVATION STORAGE CAPACITY ON JUNE 30, 2009 Subbasin Acre-feet KANSAS APPORTIONMENT Grand-Neosho River Compact Allocation ..: 650,000 Constructed in Oklahoma............................................................................... + ° Sub-Total 650,000 Constructed in Kansas -136,856 Remaining Allocation to Kansas 513,144 Verdigris River Compact Allocation 300,000 Constructed in Oklahoma +978,016 Sub-Total 1,278,016 Constructed in Kansas - 62,964 Remaining Allocation to Kansas 1,215,052 Main Stem Arkansas River Compact Allocation 600,000 Constructed in Oklahoma 157,588 Sub-Total 757,588 Constructed in Kansas -159,073 Remaining Allocation to Kansas 598,515 Salt Fork River CompactAllocation 300,000 Constructed in Oklahoma................................................................................ + 1,267 Sub-Total 301,267 Constructed in Kansas 5,300 Remaining Allocation to Kansas 295,967 Cimarron River Compact Allocation 5,000 Compact Allocation Constructed ° Construction Pursuant to Article V, E ° TotalAllocation to Kansas 5,000 17 Subbasin Acre-feet APPENDIX D (Continued) SUMMARY OF APPORTIONMENT OF NEW CONSERVATION STORAGE CAPACITY ON JUNE 30, 2009 OKLAHOMA APPORTIONMENT Cimarron River Compact Allocation 5,000 Compact Allocation Constructed 5,000 Construction Pursuant to Article Vi + 9,057 Total Allocation to Oklahoma 14,057 18 APPENDIX E SUMMARY OF REPLACEMENT CONSERVATION STORAGE CAPACITY ON JUNE 30, 2009 Subbasin Acre-feet KANSAS Grand-Neosho River Storage Made Unusable 0 Storage Replaced 0 Remaining to be 0 Verdigris River Storage Made Unusable 461 Storage Replaced 0 Remaining to be 461 Main Stem Arkansas River Storage Made Unusable 0 Storage Replaced 0 Remaining to be Replaced 0 Salt Fork River Storage Made Unusable 0 Storage Replaced 0 Remaining to be Replaced 0 Cimarron River Storage Made Unusable 0 Storage Replaced 0 Remaining to be Replaced 0 19 Subbasin acre-feet APPENDIX E (Continued) SUMMARY OF REPLACEMENT CONSERVATION STORAGE CAPACITY ON JUNE 30, 2009 OKLAHOMA Grand-Neosho River Storage Made Unusable 1,245 Storage Replaced a Remaining to be Replaced 1,245 Verdigris River Storage Made Unusable 6,500 Storage Replaced a Remaining to be Replaced 6,500 Main Stem Arkansas River Storage Made Unusable 1,000 Storage Replaced a Remaining to be Replaced 1,000 Salt Fork River Storage Made Unusable a Storage Replaced a Remaining to be Replaced a Cimarron River Storage Made Unusable a Storage Replaced a Remaining to be Replaced a 20 APPENDIX F STREAM FLOW AND WATER QUALITY NEAR STATE LINE REACHES On July 25,1973, at the Eight Annual Meeting of the Compact Commission, the Engineering Committee was instructed to prepare on an annual basis, and include in the annual report, the records of stream flow and water quality data at or near the state line reaches of the Grand- Neosho, Verdigris, Caney, Arkansas, Chikaskia, Salt Fork, and Cimarron Rivers. On July 24, 1974, at the Ninth Annual Meeting, the Engineering Committee was instructed to include water quality data to show the principal constituents of the dissolved solids. The data are taken from U.S. Geological Survey and Kansas Department of Health and Environment Reports and are shown in the accompanying graphs and tabulations. Recorded annual flows for the period 1998 - 2008, and the annual average discharges for the period of record are shown on bar graphs for each of the noted rivers. Quality data are given in tabular form which show maximum and minimum values of chemical analysis, as indicated, and principal constituents of the dissolved solids for each of the above noted rivers. The USGS station number and location are shown on each graph and tabulation. The annual flow totals for water year 2008 were above the annual average for all reported gages with the exception of the Cimarron River near Waynoka, Oklahoma which was far below average. Detailed discharge and water quality data are published annually by the U.S. Geological Survey in Water Resources Data for Kansas, and Water Resources Data for Oklahoma. Detailed water quality data are published by the Kansas Department of Health and Environment in Water Quality Data for Kansas. 21 _.._.._.._.._.._ .._.._.._.._. KANSAS MISSOURI COLORADO TEXAS ARKANSAS OKLAHOMA APPINDIX F- Figure 1. Map showing location of gaging stations to obtain quality and flow data for annnual report. APPENDIX F - Figure 2 071850 Neosho River near Commerce, OK 69-YearAverage Discharge 2,758,000 ac-ftlyr APPENDIX F - Figure 4 071755 Caney River at Ramona, OK 25-YearAverage Discharge 1,232,000 ac-ftlyr 2.5 -,----------------- 2 Qj uQ), Q) 1.5 ~ "-o en c:: 1 ~ ~ 0.5 o APPENDIX F - Figure 3 071705 Verdigris River at Independence, KS 41-YearAverage Discharge 1,629,000 ac-ftlyr 3.5 -,-------------------:=_ 3 2.5 Qj Q) u, -~uc 2 '0 ~ 1.5 ~ ~ 1 0.5 o 1998 APPENDIX F - Figure 5 071465 Arkansas River at Arkansas City, KS 91-YearAverage Discharge 1,418,000 ac-ftlyr 3.5 -,--------------- 3 2.5 Qj uQ), ~ 2 ~ "-o ~ 1.5 ~ ~ 1 0.5 o 1998 2008 23 APPENDIX F - Figure 6 071520 Chikaskia River near Blackwell, OK 73-Year Average Discharge 448,400 ac-ftlyr APPENDIX F - Figure 7 071510 Salt Fork Arkansas River at Tonkawa, OK 67-Year Average Discharge 685,100 ac-ftlyr 1.6....---------------- 3....---------------- 1.4 2003 2005 2007 2002 2004 2006 2008 Water Years 2.5 1.2 3l 2 ILeo ~ 1.5 o en c: ~::2 (j) af 1 ~ :J. _ 0.8 o en c ~ 0.6 ~ 0.4 0.5 0.2 o o 2008 APPENDIX F - Figure 8 071580 Cimarron River near Waynoka, OK 71-YearAverage Discharge 208,400 ac-ftlyr 0.4 ....---------------- 0.35 0.3 (j) af 0.25 ~ :J. _ 0.2 o en c ~ 0.15 ~ 0.1 0.05 o 2008 24 APPENDIX F - Table 1 OBSERVED WATER QUALITY DATA NEAR STATE LINE REACHES (Water Years) 071465-ARKANSAS RIVER AT ARKANSAS CITY, KANSAS 2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Dissolved Solids (mglL) 892 223 1030 246 1368 703 842 435 1050 333 Hardness (mg/L) 326 109 328 117 336 234 335 182 374 153 Water Temperature (OC) 26 7 28 5 28 7 28 4 22 5 Specific Conductance 1462 322 1801 346 2388 1197 1657 737 1859 446 (Micromhos daily) 071645.9-NEOSHO RIVER NEAR OSWEGO, KANSAS (OO~566)* 2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Dissolved Solids (mg/L) 289 161 339 177 315 233 282 127 341 190 Hardness (mg/L) 232 119 297 130 248 182 225 89 291 151 Water Temperature (DC) 28 16 28 9 32 10 28 7 30 7 Specific Conductance 465 228 597 265 548 384 467 171 577 309 (Micromhos daily) 071709.6-VERDIGRIS RIVER NEAR COFFEYVILLE, KANSAS (000215)* 2004 2005 2006 2D07- 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Dissolved Solids (mg/L) 217 191 321 123 304 199 505 96 301 139 Hardness (mg/L) 167 142 242 96 210 156 256 75 242 100 Water Temperature (DC 29 16 28 8 31 10 27 10 29 8 Specific Conductance 355 322 563 196 546 344 863 153 531 182 (Micromhos daily) 071815.25-CHIKASKIA RIVER NEAR CORBIN, KANSAS (000529)* 2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max.- Min. Max. Min. Dissolved Solids (mg/L) 372 220 395 337 384 228 380 281 393 167 Hardness (mg/L) 256 129 276 223 259 133 263 173 279 97 Water Temperature (DC) 30 8 30 2 30 8 29 4 23 4 Specific Conductance 603 278 643 563 619 143 629 240 680 183 (Micromhos daily) STATION 4 -NEOSHO RIVER NEAR CHETOPA, KANSAS 2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. 312 225 545 122 263 177 404 80 30 10 28 7 546 370 806 160 Dissolved Solids (mg/L) Hardness (mg/L) Water Temperature (DC) Specific Conductance (Micromhos daily) - No Data * Kansas Department of Health and Environment station number. 25 I APPENDIX G ARKANSAS RNER BASJN COMPACT K A N SA S -0 K LA H 0 M A I 19 The State of Kansas and the State of Oklahoma, acting through their duly authorized Compact representatives, Robert L. Smith and Warden L. Noe, for the State of Kansas, and George B. Benz and Frank Raab, for the State of Oklahoma, after negotiations participated in by Trigg Twichell, appointed by the President as the representative of the United States of America, and in accordance with the consent to such negotiations granted by an Act of Congress of the United States of America, approved August 11, 1955, (Public Law 340, 84th Congress, 1st Session) have agreed as follows respecting the waters of the Arkansas River and its tributaries: ARTICLE I The major purposes of this Compact are: A To promote interstate comity between the States of Kansas and Oklahoma; B. To divide and apportion equitably between the States of Kansas and Oklahoma the waters of the Arkansas River Basin and to promote the orderly development thereof; C. To provide an agency for administering the water apportionment agreed to herein; - D. To encourage the maintenance of an active pollution-abatement program in each of the two States and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas River Basin. ARTICLE II As used in this Compact: A The term "State" shall mean either State signatory hereto and shall be construed to include any person or persons, entity or agency of either State who, by reason of official responsibility or by designation of the Governor of that State, is acting as an official representative of that State; B. The term "Kansas-Oklahoma Arkansas River Commission" or the term "Commission" means the agency created by this Compact for the administration thereof; C. The term "Arkansas River" means that portion of the Arkansas River from a point imme-diately below the confluence of the Arkansas and Little Arkansas Rivers in the vicinity of Wichita, Kansas, to a point immediately below the confluence of the Arkansas River with the Grand-Neosho River near Muskogee, Oklahoma; D. The term "Arkansas River Basin" means all of the drainage basin of the Arkansas River 26 as delimited above, including all tributaries which empty into it between the upstream and downstream limits; E. The term "waters of the Arkansas River and its tributaries" means the water originating in the Arkansas River Basin; F. The term "conservation storage capacity" means that portion of the active storage capac-ity of reservoirs, including multipurpose reservoirs, with a conservation storage capacity in excess of 100 acre-feet, available for the storage of water for subsequent use, but it excludes any portion of the storage capacity allocated to flood and sediment control and inactive storage capacity allocated to other uses; G. The term "new conservation storage capacity" means conservation storage capacity for which construction is initiated after July 1, 1963, and storage capacity not presently allocated for conservation storage which is converted to conservation storage capacity after July 1, 1963, in excess of the quantities of declared conservation storage capacity as set forth in the storage table attached to and made a part of the minutes of the Twenty fourth meeting of the Compact Committee dated September 1, 1964, and as filed and identified to this Compact in the offices of the Secretaries of State of the respective States; H. The term "pollution" means contamination or other alterations of the physical, chemical, biological or radio-logical properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is discharged harmful, detri-mental or injurious to public health, safety, or welfare or which is harmful, detrimental or injurious to beneficial uses of the water. ARTICLE III The physical and other conditions peculiar to the Arkansas River Basin constitute the basis for this Compact, and neither of the States hereby, nor the Congress of the United States by its consent hereto, concedes that this Compact establishes any general principle with respect to any other interstate stream. ARTICLE IV A For the purpose of apportionment of water between the two States, the Arkansas River Basin is hereby divided into major topographic subbasins as follows: (1) the Grand-Neosho River Subbasin; (2) the Verdigris River Subbasin; (3) the Salt Fork River Subbasin; (4) the Cimarron River Subbasin; and 27 28 (5) the main stem Arkansas River Subbasin which shall consist of the Arkansas River Basin, excepting the Grand-Neosho River, Verdigris River, Salt Fork River, and Cimarron River subbasins. B. The two States recognize that portions of other states not signatory to this Compact lie within the drainage area of the Arkansas River Basin as herein defined. The water appor-tionments provided for in this Compact are not intended to affect nor do they affect the rights of such other states in and to he use ofthe waters ofthe basin. ARTICLE V The State of Kansas shall have free and unrestricted use of the waters of the Arkansas River Basin within Kansas subject to the provisions of this Compact and to the limitations set forth below: A New conservation storage capacity in the Grand-Neosho River Subbasin within the State of Kansas shall not exceed 650,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma excepting storage on Spavinaw Creek; B. New conservation storage capacity in the Verdigris River Subbasin within the State of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma, excepting navigation capacity allocated in Oologah Reservoir; C. New conservation storage capacity in the mainstem Arkansas River Subbasin within the State of Kansas shall not exceed 600,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma; D. New conservation storage capacity in the Salt Fork River Subbasin within the State of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma; E. New conservation storage capacity in the Cimarron River Subbasin within the State of Kansas shall not exceed 5,000 acre-feet, provided that new conservation storage capac-ity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval ofthe Commission. ARTICLE VI The State of Oklahoma shall have free and unrestricted use ofthe waters of he Arkansas River Basin within Oklahoma subject to the provisions ofthis Compact and to the limitations set forth below: New conservation storage capacity in the Cimarron River Subbasin within the State of Oklahoma shall not exceed 5,000 acre-feet provided that new conservation storage capacity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval of the Commission. ARTICLE VII A The Commission shall determine the conditions under which one State may construct and operate for its needs new conservation storage capacity in the other State. The construction Of utilization of new conservation storage capacity by one State in the other State shall entitle the State whose storage potential is reduced by such construction to construct an equal amount of new conservation storage agreeable to the Commission. B. New conservation storage capacity constructed by the United States or any of its agen-cies, instrumentalities or wards, or by a State, political subdivision thereof, or any person or persons shall be charged against the State in which the use is made. C. Each State has the unrestricted right to replace within the same subbasin any conservation storage capacity made unusable by any cause. D. In the event reallocation of storage capacity in the Arkansas River Basin in Oklahoma should result in the reduction of that State's new cons ARTICLE VIII A In the event of importation of water to a major subbasin of the Arkansas River Basin from another river basin, or from another major subbasin within the same State, the State making the importation shall have exclusive use of such imported waters. B. In the event of exportation of water from a major subbasin for use in another major subbasin or for use outside the Arkansas River Basin within the same State, the limita-tions of Articles V and VI on new conservation capacity shall apply against the subbasin from which the exportation is made in the amount of the storage capacity actually used for that purpose within the exporting subbasin, or in the event of direct diversion of water without storage, on thebasis of 5 acre-feet of conservation storage capacity for each acre foot of water on the average so diverted annually. C. Any reservoir storage capacity which is required for the control and utilization of imported waters shall not be accounted as new conservation storage. Should a trans basin diversion of water of the Arkansas River Basin be made in one State for the use and benefit ofthe other State or both States, the Commission shall determine a proper accounting of new conservation storage capacities in each State in accordance with the above principles and with the project uses to be made in that State. ARTICLE IX The States of Kansas and Oklahoma mutually agree to: D. The principle of individual State effort to abate man-made pollution within each State's 29 ARTICLE X respective borders, and the continuing support of both States in an active pollution-abate-ment program; E. The cooperation of the appropriate State agencies in Kansas and Oklahoma toinvestigate and abate sources of alleged interstate pollution within the Arkansas River Basin whenever such matters are called to their attention by the Commission; F. Enter into joint programs for the identification and control of sources of natural pollution within the Arkansas River Basin which the Commission finds are of interstate significance; G. The principle that neither State may require the other to provide water for the purpose of water-quality control as a substitute for adequate waste treatment; H. Utilize the provisions of the Federal Water Pollution Control Act in the resolution of any pollution problems which cannot be resolved within the provisions of this Compact. A There is hereby created an interstate administrative agency to be known as the "Kansas- Oklahoma Arkansas River Commission". The Commission shall be composed of three commissioners representing each of the States of Kansas and Oklahoma who shall be appointed by the Governors of the respective States and, if designated by the President, one commissioner representing the United States. The President is hereby requested to designate a Commissioner and an altemate representing the United States. The Federal Commissioner, if one be designated, shall be the presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. B. One Kansas Commissioner shall be the State official who now or hereafter shall be re-sponsible for administering water law in the State; the other two Commissioners shall reside in the Arkansas River Basin in Kansas and shall be appointed to four-year staggered terms. C. One Oklahoma Commissioner shall be the State official who now or hereafter shall be responsible for administering water law in the State; the other two Commissioners shall reside in the Arkansas River Basin in Oklahoma and shall be appointed to four-year stag-gered terms. D. A majority of the Commissioners of each State and the Commissioner or his alternate representing the United States, if so designated, must be present to constitute a quorum. In taking any Commission action, each signatory State shall have a single vote representing the majority opinion of the Commissioners of that State. E. The salaries and personal expenses of each Commissioner shall be paid by the Govern-ment which h-Oklahoma Arkansas River Commission Fund". Such fund shall be initiated and maintained by equal payments of each State into the fund. Disbursements shall be made from said fund in such manner as may be authorized by the Commission. Such funds shall not be subject to the audit and accounting procedures of the States; however, all receipts and disbursements of funds handled by the Commission shall be audited by a 30 qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the Commission. ARTICLE XI A The Commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under the Compact; (2) Enter into contracts with appropriate State or Federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records and for the preparation of reports; (3) Establish and maintain an office for the conduct of its affairs; (4) Adopt rules and regulations governing its operations; (5) Cooperate with Federal agencies in developing principles, consistent with the provi-sions of this Compact and with Federal policy, for the storage and release of water from all-Federal capacities of Federal reservoirs, both existing and future within the Arkansas River Basin, for the purpose of assuring their operation in the best inter-ests of the States and the United States; (6) Permit either State, with the consent of the proper operating agency, to impound water, for such periods of time deemed necessary or desirable by he Commission, in available reservoir storage capacity which is not designated as conservation or new conservation storage capacity for subsequent release and use for any purpose approved by the Commission; (7) Hold hearings and take testimony and receive evidence at such times and places as it deems necessary; (8) Secur-e from the head of any department or agency of the Federal or State govern-ment such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed; (9) Print or otherwise reproduce and distribute all of its proceedings and reports. B. The Commission shall: (1) Cause to be established, maintained and operated such stream, reservoir, or other gaging stations as may be necessary for the proper administration of the Compact; (2) Collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the Compact; 31 ARTICLE XII (3) Perform all other functions required of it by the compact and do all things necessary, proper or convenient in the performance of its duties thereunder; (4) Prepare and submit an annual report to the Governor of each signatory State and to the President of the United States covering the activities of the Commission for the preceding fiscal year, together with an accounting of all funds received and ex-pended by it in the conduct of its work; (5) Prepare and submit to the Governor of each of the States of Kansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; (6) Make available to the Governor or any State agency of either State or to any autho-rized representative of the United States, upon request, any information within its possession. A Recognizing the present limited uses of the available water supplies of the Arkansas River Basin in the two States and the uncertainties of their ultimate water needs, the States of Kansas and Oklahoma deem it imprudent and inadvisable to attempt at this time to make final allocations of the new conservation storage capacity which may ultimately be required in either State, and, by the limitations on storage capacity imposed herein, have not attempted to do so. Accordingly, after the expiration of 25 years follow-ing the effective date of this Compact, the Commission may review any provisions of the Compact for the purpose of amending or supplementing the same, and shall meet for the consideration of such review on the request of the Commissioners of either State; provided, that the provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the States acting through their Commissioners and until such changes are ratified by the legislatures of the respective States and consented to by the Congress in the same manner as this Compact is required to be ratified to become effective. B. This Compact may be terminated at any time by the appropriate action of the legislatures of both sign-atory States. C. In the event of amendment or termination of the Compact, all rights established under the Compact shall continue unimpaired. ARTICLE XIII Nothing in this Compact shall be deemed: A To impair or affect the powers, rights or Obligations of the United States, or hose claiming under its authority, in, over and to the waters of the Arkansas River Basin; B. To interfere with or impair the right or power of either signatory State to regulate within its 32 boundaries the appropriation, use and control of waters within that State not inconsistent with its obligations under this Compact. ARTICLE XIV If any part or application of this Compact should be declared invalid by a court of competent jurisdiction, all other provisions and applications ofthis Compact shall remain in full force and effect. ARTICLE XV This Compact shall become binding and obligatory when it shall have been ratified by the legislatures of each State and consented to by the Congress of the United States, and when the Congressional Act consenting to this Compact includes the consent of Congress to name and join the United States as a party in any litigation in the United States Supreme Court, if the United States is an indispensable party, and ifthe litigation arises out ofthis Compact or its application, and if a signatory State is a party thereto. Notice of ratification by the legislature of each State shall be given by the Governor of that State to the Governor of the other State and to the President of the United States and the President is hereby requested to give notice to the Governor of each State of consent by the Congress of the United States. IN WITNESS WHEREOF, the authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited in the Archives of the Department of State of the United States, and one of which shall be forwarded to the Governor of each State. 33 APPENDIX H RULES AND REGULATIONS AND MODE OF PROCEDURE FOR THE KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION (As Amended to July 28,1999) ARTICLE I THE COMMISSION 1. The Commission shall be that Commission referred to in Article X of the Arkansas River Basin Compact, Kansas-Oklahoma. 2. The credentials of each Commissioner shall be filed with the Chairman of the Commission. 3. Each Commissioner shall advise in writing the office of the Commission as to his address to which all official notices and other communications of the Commission shall be sent to him and shall further promptly advise in writing the office of the Commission as to any changes of such address. ARTICLE II OFFICERS 1. The Officers of the Commission shall be: Chairman Secretary Treasurer 2. The Commissioner, or in his absence his Alternate, representing the United States shall be the Chairman of the Commission. The Chairman shall preside at the meetings of the Commission. His duties shall be such as are usually imposed upon such officer and such as may be assigned to him by these rules or by the Commission from time to time provided, however, that the Commissioner representing the United States shall not have the right to vote. 3. The Secretary need not but may be a Member of the Commission. The Secretary shall be selected by the Commission. He shall serve for such term and and receive such salary and perform such duties as the Commission may direct. In the case of vacancy in the Office of the Secretary, the Commission shall proceed as expeditiously as possible .to select a new Secretary. 34 4. The Treasurer shall receive, hold and disburse all funds of the Commission which come into his hands. The Treasurer shall furnish a fidelity bond in an amount satisfactory to the Commission. The cost of such bond shall be paid by the Commission. 5. The offices of Secretary and Treasurer may be held by the same person. ARTICLE III PRINCIPAL OFFICE 1. The principal office of the Commission shall be the office of the Secretary. 2. The principal office shall be open for business at such hours and on such days as the Commission from time to time directs. 3. All books and records of the Commission shall be kept in the principal office of the Commission. All records of the Commission shall be open to inspection by the public during the hours the principal office is open for business. ARTICLE IV MEETINGS 1. The annual meeting of the Commission shall be held on the fourth Wednesday of July each year, provided, the Commission may, by unanimous agreement of all Commissioners, select and designate an alternate date for holding the annual meeting. 2. Special meetings of the Commission may be called by the Chairman at any time. Upon written request of a majority of the Commissioners of either of the signatory states setting forth the matters to be considered at such special meetings, it shall be the duty of the Chairman to call a special meeting. 3. Notice of all special meetings of the Commission shall be sent by the Secretary, to all members of the Commission by ordinary mail at least ten days in advance of each meeting and such notice shall state the purpose thereof. 4. All meetings of the commission shall be held at such place as shall be agreed upon by the Commission. 35 5. Minutes of the Commission shall be preserved in a suitable manner. Minutes 6. Until approved shall not be official and such unofficial minutes shall be furnished only to members of the Commission, its employees and committees. 7. A majority of the Commissioners of each state and the Commissioner or his alternate representing the United States, if so designated, must be present to constitute a quorum. For purposes of a quorum and participation in meetings, any person properly acting on behalf of the State official responsible for administering water law in the State of Kansas shall be considered a Kansas Commissioner, and any person properly acting on behalf of the State official responsible for administering water law in the State of Oklahoma shall be considered an Oklahoma Commissioner. Credentials showing that such persons are properly acting on behalf of the State officials shall be filed with the Chairman of the Commission prior to each meeting in which such persons attend. 8. Each signatory state shall have a single vote representing the majority opinion of the Commissioners of that State, in any deliberations of the Commission. The Commissioner representing the United States shall not have the right to vote. 9. A majority of the Commissioners present of each signatory state must concur in any action taken by the Commission. 10. At each meeting of the Commission, the order of business, unless agreed otherwise, shall be as follows: Call to Order Introductions and Announcements Readings of the Minutes of the Last Meeting Correction and Approval of Minutes of the Last Meeting Report of Chairman Report of Secretary Report of Treasurer Report of Committees Unfinished Business New Business Adjournment 11. All meetings of the Commission, except executive sessions, shall be open to the public. Executive sessions shall be open only to Members of the Commission and such advisors as may be designated by each member and employee as permitted by the Commission provided, however, that the Commission may call witnesses when in such session. 36 12. Any meeting of the Commission may be recessed from time to time from the place set for the meeting to another place at the sole discretion of the Chairman. 13. Special meetings may be conducted by long-distance telephone conference call or other electronic means. Unless a different location is designated in the notice of the meeting, the public may attend such meeting at the offices of either of the Commissioners who are the State officials responsible for administrating water law in the States. Any such long-distance telephone conference call or other electronic communication shall be recorded and made available for public inspection in accordance with the laws of the respective state. ARTICLE V COMMITTEES 1. There shall be the following standing committees: Engineering Committee Legal Committee Budget Committee 2. The committees shall have the following duties: (a) The Engineering Committee shall advise the Commission on all engineering matters that may be referred to it. (b) The Legal Committee shall advise the Commission on all legal matters that may be referred to it. (c) The Budget Committee shall prepare the annual budget and advise the Commission on all fiscal matters that may be referred to it. 3.. Members of standing committees shall be appointed by the Commission. The number of members of each committee shall be determined from time to time by the Commission. Each state shall nominate the member or members representing that state to serve on each committee. 4. The Chairman shall be Ex-Officio Member of all committees and may appoint additional Ex-Officio Members to committees. . 5. The Chairman of each committee shall be designated by the Commission. 37 6. The Commission may from time to time create special committees, composed of such members and others, and assign such tasks as the Commission may determine. 7. Formal committee reports shall be made in writing and filed with the Commission. ARTICLE VI RULES AND REGULATIONS 1. So far as is consistent with the Kansas-Oklahoma Arkansas River Compact, the Commission may adopt additional rules and regulations. 2. Rules and regulations of the Commission may be compiled and copies may be prepared for distribution to the public under such terms and conditions as the Commission may prescribe. 3. Amendments to the rules and regulations and mode for procedure of the Commission may be made at any meeting of the Commission. ARTICLE VII FISCAL 1. All funds of the Commission shall be deposited in a depository, or depositories, designated by the Commission under the name of the Kansas Oklahoma Arkansas River Commission Fund. Such funds shall be initiated and maintained by equal payment of each State into the fund. 2. Disbursements of funds in the hands of the Treasurer shall be made by check signed by him upon voucher approved by the Budget Committee Chairman. The Budget Committee Chairman may authorize expenditures above the budget not to exceed $200. 3. At the annual meeting each year the Commission shall adopt and transmit to the Governors of the two States, the budget covering an estimate of its expenses for the following fiscal year. 4. The payment of expenses of the Commission and of its employees shall not be subject to the audit and accounting procedure of the States. 5. All receipts and disbursements of the Commission shall be audited yearly by a qualified 38 independent public accountant, to be selected by the Commission, and the report of the audit shall be included and become part of the annual report of the Commission. 6. An up-to-date inventory of all the property of the Commission shall be kept at the principal office of the Commission. 7. The fiscal year of the Commission shall begin July 1 of each year and end June 30 of the next succeeding year. ARTICLE VIII ANNUAL REPORT 1. The Commission shall make and transmit annually on or before the last day of September to the Governors of the signatory states of the Kansas Oklahoma Arkansas River Compact and to the President of the United States, a report covering the activities of the Commission for the preceding fiscal year. 2. The annual report shall include among other things, the following: (a) The estimated budget (b) Report of annual audit of the Kansas-Oklahoma Arkansas River Commission Fund (c) All Hydrologic data which the Commission deems pertinent (d) Statements as to cooperative studies of water supplies made during the preceding year (e) All findings of facts made by the Commission during the preceding year (f) Such other pertinent matters as the Commission may require ARTICLE IX MISCELLANEOUS 1. The Commission shall on request make available to the Governor of each of the signatory states any information within the Commission's possession at any time, 39 2 All contracts or other instruments in writing to be signed for and on behalf ofthe Commission, except matters relating to the receipt or disbursement offunds, shall be signed by the Chairman when authorized by the Commission. 40 3. The Commission shall have the power to employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under the compact. ARTICLE X HEARINGS 1. The Commission may hold hearings, and take testimony and receive evidence at such times and places that it deems necessary. Such hearings may be held to determine violations of the Kansas-Oklahoma Arkansas River Compact orto collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the compact. Such hearings may also be conducted for the purpose of securing information, suggestions, estimates and statistics as the Commission may need or believe to be useful for carrying out its functions and as may be available to or procurable from witnesses before the hearing. 2. All interested parties shall be afforded an opportunity for hearing after reasonable notice. Such notice shall include: (a) A statement of the time, place, and nature ofthe hearing (b) A statement of the legal authority and jurisdiction under which the hearing is to be held (c) A reference to a particular matter and any statute and/or rules involved (d) A short and plain statement ofthe matters asserted If the Commission or any other interested party is unable to state the matters in detail at the time the notice is served, the initial notice' may be limited to a statement ofthe issues. Thereafter, upon application a more definite and detailed statement shall be fumished. 3. Opportunity shall be afforded to all interested parties to respond and present evidence and argument on all issues involved in a hearing by the Commission. 4. The record in a proceeding shall include: (a) All pleadings, motions and intermediate rulings (b) Evidence received or considered (c) The statement of matters officially noticed (d) Questions and offers of proof, objections, and rulings thereon (e) Proposed findings and exceptions thereto (f) Any decision, opinion or report by the officer presiding at the hearing (g) All staff memoranda or data submitted to the Commission in connection with their consideration of the matters before such hearing 5. Findings of facts shall be based exclusively on the evidence and on the matters officially noticed by the Commission. 6. In the case of a hearing on a violation of the Kansas-Oklahoma Arkansas River Compact, oral proceedings or any part thereof shall be transcribed on request of any party charged with such violation and the cost of transcription shall be paid by the requesting party. ART!CLE XI PROCEDURES BEFORE COMMISSION 1. The Commission may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. It shall give effect to the rules of privileged communications recognized by law. No greater exclusionary effect shall be given any such rule or privilege than would be obtained in an action in court. The Commission may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. 2. Documentary evidence may be received in the form of copies or excerpts, if the original 41 42 is not readily available. Upon request, the parties shall be given an opportunity to compare the copy with the original. 3. A party may conduct cross-examination required for a full and true disclosure of the facts. 4. Notice may be taken of judicially recognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Commission's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Commission's experienced, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. 5. Apparent violations to the Compact shall be handled as follows: (a) If there is an apparent violation to the Compact, it should be made known to the Commission (b) Apparent violators submit an explanation for said violation to the Commission within 30 days of receipt of written notification of said violation from the Commission (c) That the Commission refer the apparent violation to the Engineering and Legal Committees for investigation (d) After due investigation has been made, the Engineering and Legal Committees refer the matter to the Commission with recommendations concerning the action to betaken 6. Any party shall at all times have the right to counsel, provided that such counsel must be duly licensed to practice law in one of the States of the United States. ARTICLE XII FINDINGS 1. When the Commission finds that a violation of the Compact has occurred in a hearing held by the Commission itself, it shall transmit its findings to the appropriate state agencies in Kansas and/or Oklahoma to investigate and abate sources of the alleged violations. 2. In the case of a hearing held to collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the Compact, and the gathering of information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable from witnesses, the information together with the Commission's final determination shall be forwarded to the proper agency of each state charged with enforcement of pollution control and water supervision, and a copy shall also be maintained in the permanent office of the Commission. Said final determination shall include suggestions to the various states as to action to be taken by them to aid in the enforcement of this Compact. ARTICLE XIII PUBLICITY 1. Prior to the close of each meeting, the Chairman shall draft a press release as directed by the Commission and submit it to the Commission for approval. All approved releases may be made available to the press by any member of the Commission. 2. All other press releases, if there be any, shall be released by and through the Chairman. 43
Object Description
Description
Title | Kansas Oklahoma Arkansas River Commission report 2009 |
OkDocs Class# | K300.3 A615 2008/09 |
Digital Format | PDF, Adobe Reader required |
ODL electronic copy | Deposited by agency in print; scanned by Oklahoma Department of Libraries 7/2011 |
Rights and Permissions | This Oklahoma state government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders. |
Language | English |
Full text | K 300.3 A615 2008/09 c.1 KANSAS·OKLAHOMA ARKANSAS RIVER COMMISSION FORTY-SECOND ANNUAL REPORT I I I I ; " -~-'-"- I ----- MISSOURI \ \ ARKANSAS \ FISCAL 2009 July 1, 2008 to June 30, 2009 KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION FORTY-SECOND ANNUAL REPORT FISCAL 2009 JULY 1, 2008 to JUNE 30, 2009 THE COMMISSION WILLIAM FRANKLIN Federal Commissioner EARNIE GILDER Alternate Federal Commissioner DAVID W. BARFIELD, PEGGY J. BLACKMAN, KENT orr Commissioners for Kansas DUANE SMITH, J. ROSS KIRTLEY, BRYCE BENSON Commissioners for Oklahoma ii TABLE OF CONTENTS Page Address to the President and State Governors 1 Members of the Commission 1 Officers of the Commission 1 Standing Committees 2 Meetings 2 Fiscal Accounting 2 Cooperative Studies of Water Supplies : 4 Findings of Fact by the Commission 4 New Conservation Storage Capacity 4 Table of Appendices 6 Appendix A - Auditor's Report 7 Appendix B - Table of Storage Capacity Constructed July 1, 2008 to June-30, 2009 14 Appendix C - Table of Storage Capacity Constructed July 1,1963 to June 30,2009 15 Appendix 0 - Summary of Apportionment of New Conservation Storage Capacity on June 30, 2009 17 Appendix E - Summary of Replacement Storage Capacity on June 30, 2009 19 Appendix F - Stream Flow and Water Quality near State Line Reaches 21 Appendix G - Arkansas River Basin Compact, Kansas - Oklahoma, 1965 26 Appendix H - Rules and Regulations and Mode of Procedure as last amended on July 28, 1999 34 iii KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION FORTY~ECONDANNUALREPORT FISCAL2009 JULY 1,2008 To JUNE 30,2009 TO: THE PRESIDENT OF THE UNITED STATES AND THE GOVERNORS OF THE STATES OF KANSAS AND OKLAHOMA Sirs: Pursuant to Article XI-B( 4) of the Arkansas River Basin Compact, the Kansas- Oklahoma Arkansas River Commission submits its report for the Fiscal Year July 1,2008 through June 30, 2009 , as follows: 1. Members of the Commission (Article X - A, B, C) a. Federal Commissioners: William Franklin Earnie Gilder (Alternate) b. Kansas Commissioners: David W. Barfield, Topeka, Kansas (term expires - continuous, but coincides to duties ofthe State official who administers water law) Peggy J. Blackman, Marion, Kansas (term expires -----) Kent Ott, Mulvane, Kansas (term expires December 31,2006) c. Oklahoma Commissioners: Duane A. Smith, Oklahoma City, Oklahoma (term expires - continuous, but coincides to duties ofthe State official who administers water law) J. Ross Kirtley, Oklahoma City, Oklahoma (term expires - April 20, 2008) Bryce Benson, Alva, Oklahoma (term expires - April 20, 2011) 2. Officers ofthe Commission: a. Chairman: William Franklin b. Alternate Chairman: Earnie Gilder c. Secretary - Treasurer: Harold l. Springer 1 3. Standing Committees: a. Engineering Committee: Julie Cunningham, Oklahoma, Chairman Robert F. Lytle, Jr., Kansas, Member b. Legal Committee: Jerry Barnett, Oklahoma, Chairman Burke Griggs, Kansas, Member c. Budget and Finance Committee: Julie Cunningham, Oklahoma, Chairman Robert F. Lytle, Jr., Kansas, Member (1) Balance on hand July 1,2008 $ 7,339.85 d. Publicity and Arrangements Committee: Robert Portiss 4. Meetings: 5. July 21,2009 fiscal Accounting: Muskogee, Oklahoma Annual Meeting a. Kansas - Oklahoma Arkansas River Commission Fund (2) Receipts: (a)August27,2008 (c) Setember 30,2008 Total receipts Kansas Oklahoma $2,900.00 2,900.00 $ 5,800.00 (3) Total funds available: $13,139.85 (4) Disbursements by Commission - July 1,2008 to June 30,2009: No. Date Payee and Purpose Amount 1184 07/23/08 Mi Tierra -Meeting Room 100.00 1185 07/23/08 Harold L. Springer, P.E. Office expenses, suppliesApr -Jun 2008 900.00 08/10108 Bank Charges (Audit Form) 25.00 1186 10/14/08 Harold L. Springer, P.E. Office expenses, supplies Jul-Sep 2008 900.00 2 1187 10/14/08 1188 12/30108 Greg C. Huseth -Annual Audit Harold L. Springer, PE. Office expenses, supplies Oct -Dec 2008 Harold L. Springer, P E. Office expenses, supplies Jan -Mar 2009 Copeland Insurance -Bond 450.00 900.00 1189 04/03/09 1190 04/07/09 900.00 100.00 Total Expenses 4,275.00 Summary (5) Balance on hand July 1, 2008 Receipts Total funds available Disbursements Balance on hand June 30, 2009 $7,339.85 5.800.00 $13,139.85 4.275.00 $8,864.85 b. At the Annual Meeting held on July 23,2009 the Commission adopted the budget for the 2010 Fiscal Year, July 1,2009 to June 30, 2010: Office expenses, rent and travel Printing reports Annual audit Treasurer's bond Annual meeting Total $ 3,600.00 500.00 550.00 200.00 450.00 $ 5,300.00 $ 5,300.00 1.500.00 $6,800.00 -1.000.00 $ 5,800.00 Budget for 2010 Fiscal Year Contingency fund Total funds needed for 2009 Fiscal Year Estimated carryover on June 30, 2009 Actual funds needed for 201 0 Fiscal Year In accordance with Article X - E of the Compact, the amount of such budget shall be borne equally by the States of Kansas and Oklahoma in the amount of$ 2,900.00 from each State. c. Pursuant to provisions of the Compact (Article X - E) and of the Rules and Regulations and Mode of Procedure of the Commission (Article VII - 5) the receipts and disbursements ofthe Commission have been audited for the period July 1, 2008 through June 30, 2009. The report of such audit is hereto attached as AppendixA. 6. Cooperative Studies of Water Supplies Conforming with instructions ofthe Commission, the Engineering Committee 3 conducted studies of existing stream flow and water-quality data that are being obtained by Federal and State agencies on streams in the Arkansas River basin, that will be useful to the Commission in executing its responsibilities. The Committee submitted specific recommendations which were approved by the Commission. Accordingly, charts and tables showing the annual runoff and pertinent water-quality data collected at U. S. Geological Survey and Kansas Department of Health and Environment gaging stations near the state line on the mainstem of the Arkansas River and its principal tributaries are published as Appendix F ofthis report. 7. Finding of Fact by the Commission The Commission had no occasion, during the period covered by this report, to make any Finding of Fact (under the provisions of the Arkansas River Basin Compact). 8. New Conservation Storage Capacity Pursuant to provisions ofthe Compact (Articles 1/- G, V, and VI), there is listed below all new Conservation Storage Capacity that has been constructed in the States of Kansas and Oklahoma within the Arkansas River Basin as defined by Article 1/- 0 of the Compact, during the period July 1, 2008 through June 30,2009. NEW CONSERVATION STORAGE VERDIGRIS RIVER BASIN Kansas Oklahoma None None RIVER BASIN GRAND-NEOSHO RIVER BASIN Kansas Oklahoma (Acre-feet) None None MAIN STEM ARKANSAS RIVER BASIN Kansas Oklahoma None None SALT FORK RIVER BASIN Kansas Oklahoma None None CIMARRON RIVER BASIN Kansas Oklahoma None None All storage capacity constructed in the Compact area during the period July 1, 2008 to June 30, 2009 is shown in Appendix B. 4 Respectfully submitted, WILLIAM FRANKLIN Federal Commissioner EARNIE GILDER Alternate Federal Commissioner DAVIDW. BARFIELD, PEGGY J. BLACKMAN, KENTOTT Commissioners for Kansas DUANE A. SMITH, J. ROSS KIRTLEY, BRYCE BENSON Commissioners for Oklahoma 5 TABLE OF APPENDICES Appendix A - Auditor's Report 7 Appendix B - Table of Storage Capacity Constructed July 1,2008 to June 30,2009 14 Appendix C - Table of Storage Capacity Constructed July 1, 1963 to June 30, 2009 15 Appendix D - Summary of Apportionment of New Conservation Storage Capacity on June 30, 2009 17 Appendix E - Summary of Replacement Storage Capacity on June 30,2009 19 Appendix F - Streamflow and Water Quality near State Line Reaches 21 Figure 1. Map showing location of gaging stations to obtain quality and flow data for annual report. Figure 2. Average Annual Discharge for Neosho River near Commerce, OK Figure 3. Average Annual Discharge for Verdigris River at Independence, KS Figure 4. Average Annual Discharge for Caney River at Ramona, OK Figure 5. Average Annual Discharge for Arkansas River at Arkansas City, KS Figure 6. Average Annual Discharge for Chikaskia River near Blackwell, OK Figure 7. Average Annual Discharge for Salt Fork Arkansas River at Tonkawa, OK Figure 8. Average Annual Discharge for Cimarron River near Waynoka,OK Table 1. Observed Water Quality Data near State Line Reaches Appendix G - Arkansas River Basin Compact, Kansas-Oklahoma, 1965 26 Appendix H - Rules and Regulations and Mode of Procedure as last amended on July 28, 1999 34 6 KANSAS - OKLAHOMA ARKANSAS RIVER COMMISSION Audit 2009 a~Q;III Accounting, Consulting & Tax 7 KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION FINANCIAL STATEMENTS For the Years Ending June 30, 2009 and 2008 TABLE OF CONTENTS Independent Auditor 's Report Statements of Assets, Liabilities &Net Assets Statement of Changes in Net Assets Statements of Cash Flows Notes to the Financial Statements 8 1 2 3 4 5 a~tn;III ACCOUNTING, CONSULTING & TAX 785-272-9500 785-478-1331 (fax) 6021 SW 29th Ste A # 313 Topeka, Kansas 66614 INDEPENDENT AUDITOR'S REPORT To the Commissioners of Kansas-Oklahoma Arkansas River Commission I have audited the accompanying statements of assets, liabilities, and net assets-cash basis, of the Kansas- Oklahoma Arkansas River Commission (a non-profit organization) as of June 30, 2009 and the related statements of support, revenue and expenses-cash basis, and cash flows for the year then ended. These financial statements are the responsibility of the organization's management. My responsibility is to express an opinion on these financial statements based on my audits. I have accepted the prior year's Independent Auditor's Report submitted by Greg C. Huseth, CPA P.A. on September 25,2008 for prior year comparative information. I conducted my audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. I believe that my audit provides a reasonable basis for my opinion. As described in Note 1, these financial statements were prepared on the cash basis of accounting, which is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the financial statements referred to above presented fairly, in all material respects, the assets, liabilities, and net-as sets-cash basis, of the Kansas-Oklahoma Arkansas River Commission as of June 30, 2009 and 2008, and its support, revenue and expenses for the years then ended, on the basis of accounting as de;; inNoteLC' " (/I~ ./..~t-y~{~ Chearie Donaldson, CPA d/b/a ACT III Accounting, Consulting & Tax December 10, 2009 9 8,865 7,340 KANSAS-OKLAHOMA ARKANSAS RIVER COMMMISSION STATEMENTS OF ASSETS, LIABILITIES, AND NET ASSETS - CASH BASIS June 30, 2009 and 2008 ASSETS Cash Total Assets 2009 2008 8,865 7,340 LIABILITIES Net Assets Total Liabilities & Net Assets 8,865 7,340 8,865 7,340 The accompanying notes are an integral part of these financial statements -2- 10 KANSAS-OKLAHOMA ARKANSAS RIVER COMMMISSION STATEMENTS OF SUPPORT, REVENUE AND EXPENSES - CASH BASIS Years Ended June 30, 2009 and 2008 2009 2008 SUPPORT AND REVENUE Kansas Department of Agriculture 2,900 2,850 Oklahoma Water Resources Board 2,900 2,850 Total Support and Revenue 5,800 5,700 EXPENSES Office Expenses 3,600 2,700 Meeting 100 0 Bank Charges 25 25 Audit 450 425 Insurance 100 Total Expenses 4,275 3,150 Revenues Over (Under) Expenses 1,525 2,550 Beginning Net Assets 7,340 4,790 Ending Net Assets 8,865 7,340 The accompanying notse are an integral part of these financial statements -3- 11 KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION STATEMENTS OF CASH FLOWS - CASH BASIS Years Ended June 30, 2009 and 2008 2009 2008 CASH FLOW FROM OPERATING ACTIVITIES Cash received from Kansas and Oklahoma 5,800 5,700 Interest income received 0 0 Cash paid to vendors (4,275) (3,150) Net Cash Provided by operating activities 1,525 2,550 CASH FLOW FROM INVESTING ACTIVITIES 0 0 CASH FLOW FROM FINANCING ACTIVITIES 0 0 NET INCREASE (DECREASE) IN CASH 1,525 2,550 BEGINNING CASH 7,340 4,790 ENDING CASH 8,865 7,340 The acomopanying notes are an integral part of these financial statements -4- 12 KANSAS-OKLAHOMA ARKANSAS RIVERCOMMISSION NOTESTO FINANCIAL STATEMENTS June 30, 2009 and 2008 Note 1-Summary of significant accounting policies This summary of significant accounting policies of the Kansas-Oklahoma Arkansas River Commission (the Organization) is presented to assist in understanding the Organization's financial statements. The financial statements and notes are representations of the Organization's management, who is responsible for their integrity and objectivity. These accounting policies conform to the cash basis of accounting, which is a comprehensive basis of accounting other than generally accepted accounting principles, applied in the preparation of the financial statements. Nature of Operations - The Organization is an interstate administrative agency organized under the Arkansas River Basin Compact. Its primary purpose is to administer the water apportionment agreed to in the Compact. Basis of accounting - The Organization's policy is to prepare its financial statements on the cash basis. Under this basis, revenues are recognized when collected rather than when earned. Likewise, expenditures are recognized when paid rather than when incurred. If an expenditure results in an asset having an estimated useful life which extends substantially beyond the year of acquisition, the expenditure is capitalized and depreciated over the estimated useful life of the asset. The Commission currently has no fixed assets. Cash and Cash equivalents - For purposes of the statement of cash flows, the Organization considers all investment instruments purchased with a maturity of three months or less to be cash equivalents. The Organization maintains its cash in bank accounts of local financial institutions. At June 30, 2009 and 2008, the Organization's cash balance was not in excess of the insured limits. 13 APPENDIX B TABLE OF STORAGE CAPACITY Constructed July 1, 2008 to June 30,2009 Storage in acre-feet GRAND-NEOSHO RIVER BASIN IN KANSAS None GRAND-NEOSHO RIVER BASIN IN OKLAHOMA None VERDIGRIS RIVER BASIN IN KANSAS None VERDIGRIS RIVER BASIN IN OKLAHOMA None CIMARRON RIVER BASIN IN KANSAS None MAIN STEM ARKANSAS RIVER BASIN IN KANSAS None MAIN STEM ARKANSAS RIVER BASIN IN OKLAHOMA None SALT FORK RIVER BASIN IN KANSAS None SALT FORK RIVER BASIN IN OKLAHOMA None 14 CIMARRON RIVER BASIN IN OKLAHOMA None APPENDIX C TABLE OF STORAGE CAPACITY Constructed July 1,1963 to June 30,2009 ARKANSAS RIVER BASIN IN KANSAS Storage in acre-feet Conser- Flood Subbasin Inactive vation Control Total Grand-Neosho River July 1,1963 to June 30,2008 52,025 136,856 40,298 229,179 July 1, 2008 to June 30, 2009 0 0 0 0 Totals 52,025 136,856 40,298 229,179 Verdigris River July 1, 1963 to June 30, 2008 51,696 62,964 219,282 333,942 July 1, 2008 to June 30, 2009 0 0 ~ __ 0 Totals 51,696 62,964 219,282 333,942 Main Stem Arkansas River July 1, 1963 to June 30, 2008 46,477 159,073 174,924 380,474 July 1, 2008 to June 30, 2009 0 0 0 0 Totals 46,477 159,073 174,924 380,474 Salt Fork River July 1, 1963 to June 30, 2008 3,508 5,300 12,813 21,621 July 1, 2008 to June 30, 2009 0 0 0 0 Totals 3,508 5,300 12,813 21,621 Cimarron River July 1, 1963 to June 30, 2008 3,379 0 2,598 5,977 July 1, 2008 to June 30, 2009 0 0 __ 0 0 Totals 3,379 0 2,598 5,977 15 APPENDIX C (Continued) TABLE OF STORAGE CAPACITY Constructed July 1, 1963 to June 30,2009 ARKANSAS RIVER BASIN IN OKLAHOMA Storage in acre-feet Conser- Flood Subbasin Inactive vation Control Total Grand-Neosho River July 1, 1963 to June 30, 2007 5,435 0 2,662 8,097 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 5,435 0 2,662 8,097 Verdigris River July 1, 1963 to June 30, 2007 310,0671 978,016 597,479 1,885,562 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 310,067 978,016 597,479 1,885,562 Main Stem Arkansas River July 1, 1963 to June 30, 2007 245,932 157,588 153,881 557,671 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 245,932 157,588 153,881 557,671 Salt Fork River July 1, 1963 to June 30, 2007 47,424 1,267 5,018 53,706 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 47,424 1,267 5,018 53,706 Cimarron River July 1, 1963 to June 30, 2007 20,164 14,057 49,157 83,378 July 1, 2007 to June 30, 2008 0 0 0 0 Totals 20,164 14,057 49,157 83,378 1 Includes 168,000 acre-feet in Oologah Reservoir for navigation excluded as conservation storage by Compact 16 APPENDIX D SUMMARY OF APPORTIONMENT OF NEW CONSERVATION STORAGE CAPACITY ON JUNE 30, 2009 Subbasin Acre-feet KANSAS APPORTIONMENT Grand-Neosho River Compact Allocation ..: 650,000 Constructed in Oklahoma............................................................................... + ° Sub-Total 650,000 Constructed in Kansas -136,856 Remaining Allocation to Kansas 513,144 Verdigris River Compact Allocation 300,000 Constructed in Oklahoma +978,016 Sub-Total 1,278,016 Constructed in Kansas - 62,964 Remaining Allocation to Kansas 1,215,052 Main Stem Arkansas River Compact Allocation 600,000 Constructed in Oklahoma 157,588 Sub-Total 757,588 Constructed in Kansas -159,073 Remaining Allocation to Kansas 598,515 Salt Fork River CompactAllocation 300,000 Constructed in Oklahoma................................................................................ + 1,267 Sub-Total 301,267 Constructed in Kansas 5,300 Remaining Allocation to Kansas 295,967 Cimarron River Compact Allocation 5,000 Compact Allocation Constructed ° Construction Pursuant to Article V, E ° TotalAllocation to Kansas 5,000 17 Subbasin Acre-feet APPENDIX D (Continued) SUMMARY OF APPORTIONMENT OF NEW CONSERVATION STORAGE CAPACITY ON JUNE 30, 2009 OKLAHOMA APPORTIONMENT Cimarron River Compact Allocation 5,000 Compact Allocation Constructed 5,000 Construction Pursuant to Article Vi + 9,057 Total Allocation to Oklahoma 14,057 18 APPENDIX E SUMMARY OF REPLACEMENT CONSERVATION STORAGE CAPACITY ON JUNE 30, 2009 Subbasin Acre-feet KANSAS Grand-Neosho River Storage Made Unusable 0 Storage Replaced 0 Remaining to be 0 Verdigris River Storage Made Unusable 461 Storage Replaced 0 Remaining to be 461 Main Stem Arkansas River Storage Made Unusable 0 Storage Replaced 0 Remaining to be Replaced 0 Salt Fork River Storage Made Unusable 0 Storage Replaced 0 Remaining to be Replaced 0 Cimarron River Storage Made Unusable 0 Storage Replaced 0 Remaining to be Replaced 0 19 Subbasin acre-feet APPENDIX E (Continued) SUMMARY OF REPLACEMENT CONSERVATION STORAGE CAPACITY ON JUNE 30, 2009 OKLAHOMA Grand-Neosho River Storage Made Unusable 1,245 Storage Replaced a Remaining to be Replaced 1,245 Verdigris River Storage Made Unusable 6,500 Storage Replaced a Remaining to be Replaced 6,500 Main Stem Arkansas River Storage Made Unusable 1,000 Storage Replaced a Remaining to be Replaced 1,000 Salt Fork River Storage Made Unusable a Storage Replaced a Remaining to be Replaced a Cimarron River Storage Made Unusable a Storage Replaced a Remaining to be Replaced a 20 APPENDIX F STREAM FLOW AND WATER QUALITY NEAR STATE LINE REACHES On July 25,1973, at the Eight Annual Meeting of the Compact Commission, the Engineering Committee was instructed to prepare on an annual basis, and include in the annual report, the records of stream flow and water quality data at or near the state line reaches of the Grand- Neosho, Verdigris, Caney, Arkansas, Chikaskia, Salt Fork, and Cimarron Rivers. On July 24, 1974, at the Ninth Annual Meeting, the Engineering Committee was instructed to include water quality data to show the principal constituents of the dissolved solids. The data are taken from U.S. Geological Survey and Kansas Department of Health and Environment Reports and are shown in the accompanying graphs and tabulations. Recorded annual flows for the period 1998 - 2008, and the annual average discharges for the period of record are shown on bar graphs for each of the noted rivers. Quality data are given in tabular form which show maximum and minimum values of chemical analysis, as indicated, and principal constituents of the dissolved solids for each of the above noted rivers. The USGS station number and location are shown on each graph and tabulation. The annual flow totals for water year 2008 were above the annual average for all reported gages with the exception of the Cimarron River near Waynoka, Oklahoma which was far below average. Detailed discharge and water quality data are published annually by the U.S. Geological Survey in Water Resources Data for Kansas, and Water Resources Data for Oklahoma. Detailed water quality data are published by the Kansas Department of Health and Environment in Water Quality Data for Kansas. 21 _.._.._.._.._.._ .._.._.._.._. KANSAS MISSOURI COLORADO TEXAS ARKANSAS OKLAHOMA APPINDIX F- Figure 1. Map showing location of gaging stations to obtain quality and flow data for annnual report. APPENDIX F - Figure 2 071850 Neosho River near Commerce, OK 69-YearAverage Discharge 2,758,000 ac-ftlyr APPENDIX F - Figure 4 071755 Caney River at Ramona, OK 25-YearAverage Discharge 1,232,000 ac-ftlyr 2.5 -,----------------- 2 Qj uQ), Q) 1.5 ~ "-o en c:: 1 ~ ~ 0.5 o APPENDIX F - Figure 3 071705 Verdigris River at Independence, KS 41-YearAverage Discharge 1,629,000 ac-ftlyr 3.5 -,-------------------:=_ 3 2.5 Qj Q) u, -~uc 2 '0 ~ 1.5 ~ ~ 1 0.5 o 1998 APPENDIX F - Figure 5 071465 Arkansas River at Arkansas City, KS 91-YearAverage Discharge 1,418,000 ac-ftlyr 3.5 -,--------------- 3 2.5 Qj uQ), ~ 2 ~ "-o ~ 1.5 ~ ~ 1 0.5 o 1998 2008 23 APPENDIX F - Figure 6 071520 Chikaskia River near Blackwell, OK 73-Year Average Discharge 448,400 ac-ftlyr APPENDIX F - Figure 7 071510 Salt Fork Arkansas River at Tonkawa, OK 67-Year Average Discharge 685,100 ac-ftlyr 1.6....---------------- 3....---------------- 1.4 2003 2005 2007 2002 2004 2006 2008 Water Years 2.5 1.2 3l 2 ILeo ~ 1.5 o en c: ~::2 (j) af 1 ~ :J. _ 0.8 o en c ~ 0.6 ~ 0.4 0.5 0.2 o o 2008 APPENDIX F - Figure 8 071580 Cimarron River near Waynoka, OK 71-YearAverage Discharge 208,400 ac-ftlyr 0.4 ....---------------- 0.35 0.3 (j) af 0.25 ~ :J. _ 0.2 o en c ~ 0.15 ~ 0.1 0.05 o 2008 24 APPENDIX F - Table 1 OBSERVED WATER QUALITY DATA NEAR STATE LINE REACHES (Water Years) 071465-ARKANSAS RIVER AT ARKANSAS CITY, KANSAS 2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Dissolved Solids (mglL) 892 223 1030 246 1368 703 842 435 1050 333 Hardness (mg/L) 326 109 328 117 336 234 335 182 374 153 Water Temperature (OC) 26 7 28 5 28 7 28 4 22 5 Specific Conductance 1462 322 1801 346 2388 1197 1657 737 1859 446 (Micromhos daily) 071645.9-NEOSHO RIVER NEAR OSWEGO, KANSAS (OO~566)* 2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Dissolved Solids (mg/L) 289 161 339 177 315 233 282 127 341 190 Hardness (mg/L) 232 119 297 130 248 182 225 89 291 151 Water Temperature (DC) 28 16 28 9 32 10 28 7 30 7 Specific Conductance 465 228 597 265 548 384 467 171 577 309 (Micromhos daily) 071709.6-VERDIGRIS RIVER NEAR COFFEYVILLE, KANSAS (000215)* 2004 2005 2006 2D07- 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Dissolved Solids (mg/L) 217 191 321 123 304 199 505 96 301 139 Hardness (mg/L) 167 142 242 96 210 156 256 75 242 100 Water Temperature (DC 29 16 28 8 31 10 27 10 29 8 Specific Conductance 355 322 563 196 546 344 863 153 531 182 (Micromhos daily) 071815.25-CHIKASKIA RIVER NEAR CORBIN, KANSAS (000529)* 2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max.- Min. Max. Min. Dissolved Solids (mg/L) 372 220 395 337 384 228 380 281 393 167 Hardness (mg/L) 256 129 276 223 259 133 263 173 279 97 Water Temperature (DC) 30 8 30 2 30 8 29 4 23 4 Specific Conductance 603 278 643 563 619 143 629 240 680 183 (Micromhos daily) STATION 4 -NEOSHO RIVER NEAR CHETOPA, KANSAS 2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. 312 225 545 122 263 177 404 80 30 10 28 7 546 370 806 160 Dissolved Solids (mg/L) Hardness (mg/L) Water Temperature (DC) Specific Conductance (Micromhos daily) - No Data * Kansas Department of Health and Environment station number. 25 I APPENDIX G ARKANSAS RNER BASJN COMPACT K A N SA S -0 K LA H 0 M A I 19 The State of Kansas and the State of Oklahoma, acting through their duly authorized Compact representatives, Robert L. Smith and Warden L. Noe, for the State of Kansas, and George B. Benz and Frank Raab, for the State of Oklahoma, after negotiations participated in by Trigg Twichell, appointed by the President as the representative of the United States of America, and in accordance with the consent to such negotiations granted by an Act of Congress of the United States of America, approved August 11, 1955, (Public Law 340, 84th Congress, 1st Session) have agreed as follows respecting the waters of the Arkansas River and its tributaries: ARTICLE I The major purposes of this Compact are: A To promote interstate comity between the States of Kansas and Oklahoma; B. To divide and apportion equitably between the States of Kansas and Oklahoma the waters of the Arkansas River Basin and to promote the orderly development thereof; C. To provide an agency for administering the water apportionment agreed to herein; - D. To encourage the maintenance of an active pollution-abatement program in each of the two States and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas River Basin. ARTICLE II As used in this Compact: A The term "State" shall mean either State signatory hereto and shall be construed to include any person or persons, entity or agency of either State who, by reason of official responsibility or by designation of the Governor of that State, is acting as an official representative of that State; B. The term "Kansas-Oklahoma Arkansas River Commission" or the term "Commission" means the agency created by this Compact for the administration thereof; C. The term "Arkansas River" means that portion of the Arkansas River from a point imme-diately below the confluence of the Arkansas and Little Arkansas Rivers in the vicinity of Wichita, Kansas, to a point immediately below the confluence of the Arkansas River with the Grand-Neosho River near Muskogee, Oklahoma; D. The term "Arkansas River Basin" means all of the drainage basin of the Arkansas River 26 as delimited above, including all tributaries which empty into it between the upstream and downstream limits; E. The term "waters of the Arkansas River and its tributaries" means the water originating in the Arkansas River Basin; F. The term "conservation storage capacity" means that portion of the active storage capac-ity of reservoirs, including multipurpose reservoirs, with a conservation storage capacity in excess of 100 acre-feet, available for the storage of water for subsequent use, but it excludes any portion of the storage capacity allocated to flood and sediment control and inactive storage capacity allocated to other uses; G. The term "new conservation storage capacity" means conservation storage capacity for which construction is initiated after July 1, 1963, and storage capacity not presently allocated for conservation storage which is converted to conservation storage capacity after July 1, 1963, in excess of the quantities of declared conservation storage capacity as set forth in the storage table attached to and made a part of the minutes of the Twenty fourth meeting of the Compact Committee dated September 1, 1964, and as filed and identified to this Compact in the offices of the Secretaries of State of the respective States; H. The term "pollution" means contamination or other alterations of the physical, chemical, biological or radio-logical properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is discharged harmful, detri-mental or injurious to public health, safety, or welfare or which is harmful, detrimental or injurious to beneficial uses of the water. ARTICLE III The physical and other conditions peculiar to the Arkansas River Basin constitute the basis for this Compact, and neither of the States hereby, nor the Congress of the United States by its consent hereto, concedes that this Compact establishes any general principle with respect to any other interstate stream. ARTICLE IV A For the purpose of apportionment of water between the two States, the Arkansas River Basin is hereby divided into major topographic subbasins as follows: (1) the Grand-Neosho River Subbasin; (2) the Verdigris River Subbasin; (3) the Salt Fork River Subbasin; (4) the Cimarron River Subbasin; and 27 28 (5) the main stem Arkansas River Subbasin which shall consist of the Arkansas River Basin, excepting the Grand-Neosho River, Verdigris River, Salt Fork River, and Cimarron River subbasins. B. The two States recognize that portions of other states not signatory to this Compact lie within the drainage area of the Arkansas River Basin as herein defined. The water appor-tionments provided for in this Compact are not intended to affect nor do they affect the rights of such other states in and to he use ofthe waters ofthe basin. ARTICLE V The State of Kansas shall have free and unrestricted use of the waters of the Arkansas River Basin within Kansas subject to the provisions of this Compact and to the limitations set forth below: A New conservation storage capacity in the Grand-Neosho River Subbasin within the State of Kansas shall not exceed 650,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma excepting storage on Spavinaw Creek; B. New conservation storage capacity in the Verdigris River Subbasin within the State of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma, excepting navigation capacity allocated in Oologah Reservoir; C. New conservation storage capacity in the mainstem Arkansas River Subbasin within the State of Kansas shall not exceed 600,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma; D. New conservation storage capacity in the Salt Fork River Subbasin within the State of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma; E. New conservation storage capacity in the Cimarron River Subbasin within the State of Kansas shall not exceed 5,000 acre-feet, provided that new conservation storage capac-ity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval ofthe Commission. ARTICLE VI The State of Oklahoma shall have free and unrestricted use ofthe waters of he Arkansas River Basin within Oklahoma subject to the provisions ofthis Compact and to the limitations set forth below: New conservation storage capacity in the Cimarron River Subbasin within the State of Oklahoma shall not exceed 5,000 acre-feet provided that new conservation storage capacity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval of the Commission. ARTICLE VII A The Commission shall determine the conditions under which one State may construct and operate for its needs new conservation storage capacity in the other State. The construction Of utilization of new conservation storage capacity by one State in the other State shall entitle the State whose storage potential is reduced by such construction to construct an equal amount of new conservation storage agreeable to the Commission. B. New conservation storage capacity constructed by the United States or any of its agen-cies, instrumentalities or wards, or by a State, political subdivision thereof, or any person or persons shall be charged against the State in which the use is made. C. Each State has the unrestricted right to replace within the same subbasin any conservation storage capacity made unusable by any cause. D. In the event reallocation of storage capacity in the Arkansas River Basin in Oklahoma should result in the reduction of that State's new cons ARTICLE VIII A In the event of importation of water to a major subbasin of the Arkansas River Basin from another river basin, or from another major subbasin within the same State, the State making the importation shall have exclusive use of such imported waters. B. In the event of exportation of water from a major subbasin for use in another major subbasin or for use outside the Arkansas River Basin within the same State, the limita-tions of Articles V and VI on new conservation capacity shall apply against the subbasin from which the exportation is made in the amount of the storage capacity actually used for that purpose within the exporting subbasin, or in the event of direct diversion of water without storage, on thebasis of 5 acre-feet of conservation storage capacity for each acre foot of water on the average so diverted annually. C. Any reservoir storage capacity which is required for the control and utilization of imported waters shall not be accounted as new conservation storage. Should a trans basin diversion of water of the Arkansas River Basin be made in one State for the use and benefit ofthe other State or both States, the Commission shall determine a proper accounting of new conservation storage capacities in each State in accordance with the above principles and with the project uses to be made in that State. ARTICLE IX The States of Kansas and Oklahoma mutually agree to: D. The principle of individual State effort to abate man-made pollution within each State's 29 ARTICLE X respective borders, and the continuing support of both States in an active pollution-abate-ment program; E. The cooperation of the appropriate State agencies in Kansas and Oklahoma toinvestigate and abate sources of alleged interstate pollution within the Arkansas River Basin whenever such matters are called to their attention by the Commission; F. Enter into joint programs for the identification and control of sources of natural pollution within the Arkansas River Basin which the Commission finds are of interstate significance; G. The principle that neither State may require the other to provide water for the purpose of water-quality control as a substitute for adequate waste treatment; H. Utilize the provisions of the Federal Water Pollution Control Act in the resolution of any pollution problems which cannot be resolved within the provisions of this Compact. A There is hereby created an interstate administrative agency to be known as the "Kansas- Oklahoma Arkansas River Commission". The Commission shall be composed of three commissioners representing each of the States of Kansas and Oklahoma who shall be appointed by the Governors of the respective States and, if designated by the President, one commissioner representing the United States. The President is hereby requested to designate a Commissioner and an altemate representing the United States. The Federal Commissioner, if one be designated, shall be the presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. B. One Kansas Commissioner shall be the State official who now or hereafter shall be re-sponsible for administering water law in the State; the other two Commissioners shall reside in the Arkansas River Basin in Kansas and shall be appointed to four-year staggered terms. C. One Oklahoma Commissioner shall be the State official who now or hereafter shall be responsible for administering water law in the State; the other two Commissioners shall reside in the Arkansas River Basin in Oklahoma and shall be appointed to four-year stag-gered terms. D. A majority of the Commissioners of each State and the Commissioner or his alternate representing the United States, if so designated, must be present to constitute a quorum. In taking any Commission action, each signatory State shall have a single vote representing the majority opinion of the Commissioners of that State. E. The salaries and personal expenses of each Commissioner shall be paid by the Govern-ment which h-Oklahoma Arkansas River Commission Fund". Such fund shall be initiated and maintained by equal payments of each State into the fund. Disbursements shall be made from said fund in such manner as may be authorized by the Commission. Such funds shall not be subject to the audit and accounting procedures of the States; however, all receipts and disbursements of funds handled by the Commission shall be audited by a 30 qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the Commission. ARTICLE XI A The Commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under the Compact; (2) Enter into contracts with appropriate State or Federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records and for the preparation of reports; (3) Establish and maintain an office for the conduct of its affairs; (4) Adopt rules and regulations governing its operations; (5) Cooperate with Federal agencies in developing principles, consistent with the provi-sions of this Compact and with Federal policy, for the storage and release of water from all-Federal capacities of Federal reservoirs, both existing and future within the Arkansas River Basin, for the purpose of assuring their operation in the best inter-ests of the States and the United States; (6) Permit either State, with the consent of the proper operating agency, to impound water, for such periods of time deemed necessary or desirable by he Commission, in available reservoir storage capacity which is not designated as conservation or new conservation storage capacity for subsequent release and use for any purpose approved by the Commission; (7) Hold hearings and take testimony and receive evidence at such times and places as it deems necessary; (8) Secur-e from the head of any department or agency of the Federal or State govern-ment such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed; (9) Print or otherwise reproduce and distribute all of its proceedings and reports. B. The Commission shall: (1) Cause to be established, maintained and operated such stream, reservoir, or other gaging stations as may be necessary for the proper administration of the Compact; (2) Collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the Compact; 31 ARTICLE XII (3) Perform all other functions required of it by the compact and do all things necessary, proper or convenient in the performance of its duties thereunder; (4) Prepare and submit an annual report to the Governor of each signatory State and to the President of the United States covering the activities of the Commission for the preceding fiscal year, together with an accounting of all funds received and ex-pended by it in the conduct of its work; (5) Prepare and submit to the Governor of each of the States of Kansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; (6) Make available to the Governor or any State agency of either State or to any autho-rized representative of the United States, upon request, any information within its possession. A Recognizing the present limited uses of the available water supplies of the Arkansas River Basin in the two States and the uncertainties of their ultimate water needs, the States of Kansas and Oklahoma deem it imprudent and inadvisable to attempt at this time to make final allocations of the new conservation storage capacity which may ultimately be required in either State, and, by the limitations on storage capacity imposed herein, have not attempted to do so. Accordingly, after the expiration of 25 years follow-ing the effective date of this Compact, the Commission may review any provisions of the Compact for the purpose of amending or supplementing the same, and shall meet for the consideration of such review on the request of the Commissioners of either State; provided, that the provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the States acting through their Commissioners and until such changes are ratified by the legislatures of the respective States and consented to by the Congress in the same manner as this Compact is required to be ratified to become effective. B. This Compact may be terminated at any time by the appropriate action of the legislatures of both sign-atory States. C. In the event of amendment or termination of the Compact, all rights established under the Compact shall continue unimpaired. ARTICLE XIII Nothing in this Compact shall be deemed: A To impair or affect the powers, rights or Obligations of the United States, or hose claiming under its authority, in, over and to the waters of the Arkansas River Basin; B. To interfere with or impair the right or power of either signatory State to regulate within its 32 boundaries the appropriation, use and control of waters within that State not inconsistent with its obligations under this Compact. ARTICLE XIV If any part or application of this Compact should be declared invalid by a court of competent jurisdiction, all other provisions and applications ofthis Compact shall remain in full force and effect. ARTICLE XV This Compact shall become binding and obligatory when it shall have been ratified by the legislatures of each State and consented to by the Congress of the United States, and when the Congressional Act consenting to this Compact includes the consent of Congress to name and join the United States as a party in any litigation in the United States Supreme Court, if the United States is an indispensable party, and ifthe litigation arises out ofthis Compact or its application, and if a signatory State is a party thereto. Notice of ratification by the legislature of each State shall be given by the Governor of that State to the Governor of the other State and to the President of the United States and the President is hereby requested to give notice to the Governor of each State of consent by the Congress of the United States. IN WITNESS WHEREOF, the authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited in the Archives of the Department of State of the United States, and one of which shall be forwarded to the Governor of each State. 33 APPENDIX H RULES AND REGULATIONS AND MODE OF PROCEDURE FOR THE KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION (As Amended to July 28,1999) ARTICLE I THE COMMISSION 1. The Commission shall be that Commission referred to in Article X of the Arkansas River Basin Compact, Kansas-Oklahoma. 2. The credentials of each Commissioner shall be filed with the Chairman of the Commission. 3. Each Commissioner shall advise in writing the office of the Commission as to his address to which all official notices and other communications of the Commission shall be sent to him and shall further promptly advise in writing the office of the Commission as to any changes of such address. ARTICLE II OFFICERS 1. The Officers of the Commission shall be: Chairman Secretary Treasurer 2. The Commissioner, or in his absence his Alternate, representing the United States shall be the Chairman of the Commission. The Chairman shall preside at the meetings of the Commission. His duties shall be such as are usually imposed upon such officer and such as may be assigned to him by these rules or by the Commission from time to time provided, however, that the Commissioner representing the United States shall not have the right to vote. 3. The Secretary need not but may be a Member of the Commission. The Secretary shall be selected by the Commission. He shall serve for such term and and receive such salary and perform such duties as the Commission may direct. In the case of vacancy in the Office of the Secretary, the Commission shall proceed as expeditiously as possible .to select a new Secretary. 34 4. The Treasurer shall receive, hold and disburse all funds of the Commission which come into his hands. The Treasurer shall furnish a fidelity bond in an amount satisfactory to the Commission. The cost of such bond shall be paid by the Commission. 5. The offices of Secretary and Treasurer may be held by the same person. ARTICLE III PRINCIPAL OFFICE 1. The principal office of the Commission shall be the office of the Secretary. 2. The principal office shall be open for business at such hours and on such days as the Commission from time to time directs. 3. All books and records of the Commission shall be kept in the principal office of the Commission. All records of the Commission shall be open to inspection by the public during the hours the principal office is open for business. ARTICLE IV MEETINGS 1. The annual meeting of the Commission shall be held on the fourth Wednesday of July each year, provided, the Commission may, by unanimous agreement of all Commissioners, select and designate an alternate date for holding the annual meeting. 2. Special meetings of the Commission may be called by the Chairman at any time. Upon written request of a majority of the Commissioners of either of the signatory states setting forth the matters to be considered at such special meetings, it shall be the duty of the Chairman to call a special meeting. 3. Notice of all special meetings of the Commission shall be sent by the Secretary, to all members of the Commission by ordinary mail at least ten days in advance of each meeting and such notice shall state the purpose thereof. 4. All meetings of the commission shall be held at such place as shall be agreed upon by the Commission. 35 5. Minutes of the Commission shall be preserved in a suitable manner. Minutes 6. Until approved shall not be official and such unofficial minutes shall be furnished only to members of the Commission, its employees and committees. 7. A majority of the Commissioners of each state and the Commissioner or his alternate representing the United States, if so designated, must be present to constitute a quorum. For purposes of a quorum and participation in meetings, any person properly acting on behalf of the State official responsible for administering water law in the State of Kansas shall be considered a Kansas Commissioner, and any person properly acting on behalf of the State official responsible for administering water law in the State of Oklahoma shall be considered an Oklahoma Commissioner. Credentials showing that such persons are properly acting on behalf of the State officials shall be filed with the Chairman of the Commission prior to each meeting in which such persons attend. 8. Each signatory state shall have a single vote representing the majority opinion of the Commissioners of that State, in any deliberations of the Commission. The Commissioner representing the United States shall not have the right to vote. 9. A majority of the Commissioners present of each signatory state must concur in any action taken by the Commission. 10. At each meeting of the Commission, the order of business, unless agreed otherwise, shall be as follows: Call to Order Introductions and Announcements Readings of the Minutes of the Last Meeting Correction and Approval of Minutes of the Last Meeting Report of Chairman Report of Secretary Report of Treasurer Report of Committees Unfinished Business New Business Adjournment 11. All meetings of the Commission, except executive sessions, shall be open to the public. Executive sessions shall be open only to Members of the Commission and such advisors as may be designated by each member and employee as permitted by the Commission provided, however, that the Commission may call witnesses when in such session. 36 12. Any meeting of the Commission may be recessed from time to time from the place set for the meeting to another place at the sole discretion of the Chairman. 13. Special meetings may be conducted by long-distance telephone conference call or other electronic means. Unless a different location is designated in the notice of the meeting, the public may attend such meeting at the offices of either of the Commissioners who are the State officials responsible for administrating water law in the States. Any such long-distance telephone conference call or other electronic communication shall be recorded and made available for public inspection in accordance with the laws of the respective state. ARTICLE V COMMITTEES 1. There shall be the following standing committees: Engineering Committee Legal Committee Budget Committee 2. The committees shall have the following duties: (a) The Engineering Committee shall advise the Commission on all engineering matters that may be referred to it. (b) The Legal Committee shall advise the Commission on all legal matters that may be referred to it. (c) The Budget Committee shall prepare the annual budget and advise the Commission on all fiscal matters that may be referred to it. 3.. Members of standing committees shall be appointed by the Commission. The number of members of each committee shall be determined from time to time by the Commission. Each state shall nominate the member or members representing that state to serve on each committee. 4. The Chairman shall be Ex-Officio Member of all committees and may appoint additional Ex-Officio Members to committees. . 5. The Chairman of each committee shall be designated by the Commission. 37 6. The Commission may from time to time create special committees, composed of such members and others, and assign such tasks as the Commission may determine. 7. Formal committee reports shall be made in writing and filed with the Commission. ARTICLE VI RULES AND REGULATIONS 1. So far as is consistent with the Kansas-Oklahoma Arkansas River Compact, the Commission may adopt additional rules and regulations. 2. Rules and regulations of the Commission may be compiled and copies may be prepared for distribution to the public under such terms and conditions as the Commission may prescribe. 3. Amendments to the rules and regulations and mode for procedure of the Commission may be made at any meeting of the Commission. ARTICLE VII FISCAL 1. All funds of the Commission shall be deposited in a depository, or depositories, designated by the Commission under the name of the Kansas Oklahoma Arkansas River Commission Fund. Such funds shall be initiated and maintained by equal payment of each State into the fund. 2. Disbursements of funds in the hands of the Treasurer shall be made by check signed by him upon voucher approved by the Budget Committee Chairman. The Budget Committee Chairman may authorize expenditures above the budget not to exceed $200. 3. At the annual meeting each year the Commission shall adopt and transmit to the Governors of the two States, the budget covering an estimate of its expenses for the following fiscal year. 4. The payment of expenses of the Commission and of its employees shall not be subject to the audit and accounting procedure of the States. 5. All receipts and disbursements of the Commission shall be audited yearly by a qualified 38 independent public accountant, to be selected by the Commission, and the report of the audit shall be included and become part of the annual report of the Commission. 6. An up-to-date inventory of all the property of the Commission shall be kept at the principal office of the Commission. 7. The fiscal year of the Commission shall begin July 1 of each year and end June 30 of the next succeeding year. ARTICLE VIII ANNUAL REPORT 1. The Commission shall make and transmit annually on or before the last day of September to the Governors of the signatory states of the Kansas Oklahoma Arkansas River Compact and to the President of the United States, a report covering the activities of the Commission for the preceding fiscal year. 2. The annual report shall include among other things, the following: (a) The estimated budget (b) Report of annual audit of the Kansas-Oklahoma Arkansas River Commission Fund (c) All Hydrologic data which the Commission deems pertinent (d) Statements as to cooperative studies of water supplies made during the preceding year (e) All findings of facts made by the Commission during the preceding year (f) Such other pertinent matters as the Commission may require ARTICLE IX MISCELLANEOUS 1. The Commission shall on request make available to the Governor of each of the signatory states any information within the Commission's possession at any time, 39 2 All contracts or other instruments in writing to be signed for and on behalf ofthe Commission, except matters relating to the receipt or disbursement offunds, shall be signed by the Chairman when authorized by the Commission. 40 3. The Commission shall have the power to employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under the compact. ARTICLE X HEARINGS 1. The Commission may hold hearings, and take testimony and receive evidence at such times and places that it deems necessary. Such hearings may be held to determine violations of the Kansas-Oklahoma Arkansas River Compact orto collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the compact. Such hearings may also be conducted for the purpose of securing information, suggestions, estimates and statistics as the Commission may need or believe to be useful for carrying out its functions and as may be available to or procurable from witnesses before the hearing. 2. All interested parties shall be afforded an opportunity for hearing after reasonable notice. Such notice shall include: (a) A statement of the time, place, and nature ofthe hearing (b) A statement of the legal authority and jurisdiction under which the hearing is to be held (c) A reference to a particular matter and any statute and/or rules involved (d) A short and plain statement ofthe matters asserted If the Commission or any other interested party is unable to state the matters in detail at the time the notice is served, the initial notice' may be limited to a statement ofthe issues. Thereafter, upon application a more definite and detailed statement shall be fumished. 3. Opportunity shall be afforded to all interested parties to respond and present evidence and argument on all issues involved in a hearing by the Commission. 4. The record in a proceeding shall include: (a) All pleadings, motions and intermediate rulings (b) Evidence received or considered (c) The statement of matters officially noticed (d) Questions and offers of proof, objections, and rulings thereon (e) Proposed findings and exceptions thereto (f) Any decision, opinion or report by the officer presiding at the hearing (g) All staff memoranda or data submitted to the Commission in connection with their consideration of the matters before such hearing 5. Findings of facts shall be based exclusively on the evidence and on the matters officially noticed by the Commission. 6. In the case of a hearing on a violation of the Kansas-Oklahoma Arkansas River Compact, oral proceedings or any part thereof shall be transcribed on request of any party charged with such violation and the cost of transcription shall be paid by the requesting party. ART!CLE XI PROCEDURES BEFORE COMMISSION 1. The Commission may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. It shall give effect to the rules of privileged communications recognized by law. No greater exclusionary effect shall be given any such rule or privilege than would be obtained in an action in court. The Commission may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. 2. Documentary evidence may be received in the form of copies or excerpts, if the original 41 42 is not readily available. Upon request, the parties shall be given an opportunity to compare the copy with the original. 3. A party may conduct cross-examination required for a full and true disclosure of the facts. 4. Notice may be taken of judicially recognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Commission's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Commission's experienced, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. 5. Apparent violations to the Compact shall be handled as follows: (a) If there is an apparent violation to the Compact, it should be made known to the Commission (b) Apparent violators submit an explanation for said violation to the Commission within 30 days of receipt of written notification of said violation from the Commission (c) That the Commission refer the apparent violation to the Engineering and Legal Committees for investigation (d) After due investigation has been made, the Engineering and Legal Committees refer the matter to the Commission with recommendations concerning the action to betaken 6. Any party shall at all times have the right to counsel, provided that such counsel must be duly licensed to practice law in one of the States of the United States. ARTICLE XII FINDINGS 1. When the Commission finds that a violation of the Compact has occurred in a hearing held by the Commission itself, it shall transmit its findings to the appropriate state agencies in Kansas and/or Oklahoma to investigate and abate sources of the alleged violations. 2. In the case of a hearing held to collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the Compact, and the gathering of information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable from witnesses, the information together with the Commission's final determination shall be forwarded to the proper agency of each state charged with enforcement of pollution control and water supervision, and a copy shall also be maintained in the permanent office of the Commission. Said final determination shall include suggestions to the various states as to action to be taken by them to aid in the enforcement of this Compact. ARTICLE XIII PUBLICITY 1. Prior to the close of each meeting, the Chairman shall draft a press release as directed by the Commission and submit it to the Commission for approval. All approved releases may be made available to the press by any member of the Commission. 2. All other press releases, if there be any, shall be released by and through the Chairman. 43 |
Date created | 2011-07-05 |
Date modified | 2011-10-28 |
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